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(영문) 광주지방법원 2016.08.11 2015구합851
징벌처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From March 25, 2015, the Plaintiff was under confinement in the Yacheon Prison under the name of a crime, such as attack, etc., and was currently under confinement in the Yacheon Prison. On February 12, 2016, the Plaintiff received ex officio a ruling of release on bail in the Yacheon District Court’s net support on February 12, 2016, and was released on February 17, 2016, which was released on

B. From June 3, 2015 to June 10, 2015, the Defendant separately accepted the Plaintiff for a period from June 3, 2015 to June 10, 2015 (hereinafter “instant investigation and expropriation disposition”), and imposed restrictions on treatment, such as prohibition of outdoor exercise, education and training, and participation in common events.

C. On June 11, 2015, on the ground that the Plaintiff violated Article 214 Subparag. 14 and 17 of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) by interfering with the peaceful prison life of other prisoners and refusing to comply with correctional officers’ instructions, the Disciplinary Committee of the Net Prison Correctional Institution (hereinafter “Punishment Execution Act”) resolved that the Plaintiff be punished by imprisonment with prison labor for 20 days.

On June 11, 2015, on the ground that there was a resolution of the disciplinary committee, the Defendant issued a 20-day disposition (hereinafter “instant gold disposition”) against the Plaintiff on the grounds that there was a resolution of the disciplinary committee (hereinafter “instant gold disposition”), and announced the Plaintiff that the Plaintiff may file an administrative appeal or administrative litigation within 90 days from the date on which the Plaintiff became aware of the disciplinary disposition by stating the participation in common events, newspaper viewing, television viewing, use of goods purchased at his own expense, work, telephone conversations, writing, correspondence, correspondence, correspondence, correspondence, and outdoor exercise restrictions pursuant to Article 112(3) of the Punishment Execution Act as a type of restricted treatment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 15 (including paper numbers), the purport of the whole pleadings

2. Determination as to the defense prior to the merits against the primary claim and the primary claim

A. On February 12, 2016, the Defendant’s defense prior to the merits was released on February 17, 2016 after the expiration of the period of detention in the workhouse due to the ex officio ruling of release on bail by the Gwangju District Court.

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